Fergerson v. Utilities Elkhorn Coal Company

MOREMEN, Chief Justice.

Appellant, Louise Fergerson, mother and next of kin of Jean and Otis Fergerson who died in early infancy, sought in the Pike Circuit Court to recover damages because of the desecration of the infants’ graves by appellee, Utilities Elkhorn Coal Company. She also sought an injunction which would require appellee to remove slate and other mining refuse — which had been dumped on the graves — -so that her right of visitation could be exercised.

The complaint, as amended, averred that her infant children had been buried in a public dedicated community cemetery near Esco on…